On writ petition alleging unauthorized construction, the court directed the 1st respondent to pass appropriate orders after house-to-house and untrammeled hearing within one month following site inspection.
Direction to 1st respondent to pass appropriate orders after site inspection within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
WP(C) NO. 18698 OF 2019
PETITIONER:
BHASKARAN NAIR,
AGED 69 YEARS
S/O. KUNHIRAMAN NAIR, PULPARAMBIL HOUSE, KANNIPARAMBA AMSOM DESOM,
KANNIPARAMBA P. O., KOZHIKODE - 673661.
BY ADVS.
M.VIVEK RABINDRANATH
SRI.V.T.MADHAVANUNNI
RESPONDENTS:
1THE SECRETARY,
MAVOOR GRAMA PANCHAYATH, MAVOOR P. O., KOZHIKODE - 673661
2MAVOOR GRAMA PANCHAYATH
MAVOOR P. O., REPRESENTED BY THE SECRETARY, KOZHIKODE - 673661
3JAYARAJAN
AGED 53 YEARS
S/O. GOVINDAN NAIR, CHERAKKAL HOUSE, KANNIPARAMBA AMSOM DESOM,
KANNIPARAMBA P. O., KOZHIKODE - 673661
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.LEO LUKOSE
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.18698 of 2019.
JUDGMENT
Dated this the 14th day of December, 2022 .
The petitioner has approached this Court alleging that the 3rd respondent has made certain unauthorized constructions. Pursuant to Ext.P4 complaint made by the petitioner, the 1st respondent has issued Ext.P6 order under Section 235 W (1) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the 'Act', for short) directing the 3rd respondent to remove the unauthorised construction. It is contended by the petitioner that pursuant to Ext.P6, only some portion of the roofing sheet has been removed by the 3rd respondent.
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W.P.(C) No.18698 of 2019.
pursuant to Ext.P6 have been taken since the 3rd respondent has removed all the unauthorized structure. 3. The learned counsel for the 3rd respondent submits that the 3rd respondent has removed the construction stated to have been made by him in Ext.P4.
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W.P.(C) No.18698 of 2019.
contentions of respondents 1 and 2 in the counter affidavit.
The writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE
Raj. 14.12.2022.
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W.P.(C) No.18698 of 2019.
APPENDIX OF WP(C) 18698/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE REGISTERED
DOCUMENT NO.412/2019 DATED
01.02.2019 OF SRO MAVOOR.
EXHIBIT P2TRUE COPY OF THE REGISTERED
DOCUMENT NO.3234/79 DATED
19.12.1979 OF SRO CHATHAMANGALAM
EXHIBIT P3TRUE COPY OF THE POSSESSION
CERTIFICATE NO.686/19 DATED
17.06.2019 OF SRO MAVOOR VILLAGE
OFFICE.
EXHIBIT P4TRUE COPY OF THE COMPLAINT DATED
28.09.2018 OF THE PETITIONER TO THE
RESPONDENT NO.1
EXHIBIT P5TRUE COPY OF THE REPORT OF THE
OVERSEER DATED 30.10.2018.
EXHIBIT P6TRUE COPY OF THE ORDER B2-6838/2018
DATED 15.11.2018 OF THE RESPONDENT
NO.1
EXHIBIT P7TRUE COPY OF THE LETTER DATED
16.04.2019 SENT BY THE PETITIONER
TO THE RESPONDENT NO.1
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W.P.(C) No.18698 of 2019.
EXHIBIT P8THE PHOTOGRAPHS OF ILLEGAL
CONSTRUCTION MADE BY THE RESPONDENT
NO.3
2 issues framed by the court
Whether the 1st respondent must pass appropriate orders regarding unauthorized construction after hearing parties and conducting a site inspection.
Whether the respondent must decide the matter within one month of a copy of the judgment.
2 provisions across 1 enactments
Bhaskaran Nair
Mavoor Grama Panchayath
The Secretary, Mavoor Grama Panchayath
Jayarajan
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court